[United States Statutes at Large, Volume 124, 111th Congress, 2nd Session]
[From the U.S. Government Printing Office, www.gpo.gov]


Public Law 111-287
111th Congress

An Act


 
To restore immunization and sibling age exemptions for children adopted
by United States citizens under the Hague Convention on Intercountry
Adoption to allow their admission into the United States. <>

Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <>
SECTION 1. SHORT TITLE.

This Act may be cited as ``International Adoption Simplification
Act''.
SEC. 2. EXEMPTION FROM VACCINATION DOCUMENTATION REQUIREMENT.

Section 212(a)(1)(C)(ii) of the Immigration and Nationality Act (8
U.S.C. 1182(a)(1)(C)(ii)) is amended by striking ``section
101(b)(1)(F),'' and inserting ``subparagraph (F) or (G) of section
101(b)(1);''.
SEC. 3. SIBLING ADOPTIONS.

Section 101(b)(1)(G) of the Immigration and Nationality Act (8
U.S.C. 1101(b)(1)(G)) is amended to read as follows:
``(G)(i) a child, younger than 16 years of age at
the time a petition is filed on the child's behalf to
accord a classification as an immediate relative under
section 201(b), who has been adopted in a foreign state
that is a party to the Convention on Protection of
Children and Co-operation in Respect of Intercountry
Adoption, done at The Hague on May 29, 1993, or who is
emigrating from such a foreign state to be adopted in
the United States by a United States citizen and spouse
jointly or by an unmarried United States citizen who is
at least 25 years of age, Provided, That--
``(I) the Secretary of Homeland Security is
satisfied that proper care will be furnished the
child if admitted to the United States;
``(II) the child's natural parents (or parent,
in the case of a child who has one sole or
surviving parent because of the death or
disappearance of, abandonment or desertion by, the
other parent), or other persons or institutions
that retain legal custody of the child, have
freely given their written irrevocable consent to
the termination of their legal relationship with
the child, and to the child's emigration and
adoption;

[[Page 3059]]

``(III) in the case of a child having two
living natural parents, the natural parents are
incapable of providing proper care for the child;
``(IV) the Secretary of Homeland Security is
satisfied that the purpose of the adoption is to
form a bona fide parent-child relationship, and
the parent-child relationship of the child and the
natural parents has been terminated (and in
carrying out both obligations under this subclause
the Secretary of Homeland Security may consider
whether there is a petition pending to confer
immigrant status on one or both of such natural
parents); and
``(V) in the case of a child who has not been
adopted--
``(aa) the competent authority of
the foreign state has approved the
child's emigration to the United States
for the purpose of adoption by the
prospective adoptive parent or parents;
and
``(bb) the prospective adoptive
parent or parents has or have complied
with any pre-adoption requirements of
the child's proposed residence; and
``(ii) except that no natural parent or prior
adoptive parent of any such child shall thereafter, by
virtue of such parentage, be accorded any right,
privilege, or status under this chapter; or
``(iii) subject to the same provisos as in clauses
(i) and (ii), a child who--
``(I) is a natural sibling of a child
described in clause (i), subparagraph (E)(i), or
subparagraph (F)(i);
``(II) was adopted abroad, or is coming to the
United States for adoption, by the adoptive parent
(or prospective adoptive parent) or parents of the
sibling described in clause (i), subparagraph
(E)(i), or subparagraph (F)(i); and
``(III) is otherwise described in clause (i),
except that the child is younger than 18 years of
age at the time a petition is filed on his or her
behalf for classification as an immediate relative
under section 201(b).''.
SEC. 4. <>  EFFECTIVE DATE.

(a) In General.--Except as provided in subsection (b), the
amendments made by this Act shall take effect on the date of the
enactment of this Act.
(b) Exception.--An alien <>  who is described in
section 101(b)(1)(G)(iii) of the Immigration and Nationality Act, as
added by section 3, and attained 18 years of age on or after April 1,
2008, shall be deemed to meet the age requirement specified in subclause
(III) of such section if a petition for classification of the alien as
an immediate relative under section 201(b) of the

[[Page 3060]]

Immigration and Nationality Act (8 U.S.C. 1151(b)) is filed not later
than 2 years after the date of the enactment of this Act.

Approved November 30, 2010.

LEGISLATIVE HISTORY--S. 1376:
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SENATE REPORTS: No. 111-220 (Comm. on the Judiciary).
CONGRESSIONAL RECORD, Vol. 156 (2010):
July 21, considered and passed Senate.
Nov. 15, considered and passed House.